Stacie L. Patterson Sex Crimes Law Blog on Lawyers.com

Due Process and the Child Abuse Central Index

Monday, April 20, 2009 by Stacie L. Patterson

The United State Court of Appeal for the Ninth Circuit recently ruled in Humphries v. County of Los Angeles, 547 F.3d 1117 (9th Cir. 2008) that Counties must have a procedure for individuals to have their names removed for the California Child Abuse Central Index. Law enforcement and social services agencies can cause a person to be listed on the CACI after a report of child abuse or neglect (including molestation or sexual assualt of a child) has been been made, even if the accusation is unsubstantiated.

In the Humphries case, the Humphries were falsely accused of child abuse and their children were removed from their home. Because of this allegation, the Humphries were listed on the CACI. However, eventually two Courts found the Humphries factually innocent.

After they were found to be factually innocent, the Humphries attempted to persuade the Los Angeles Sheriff’s Department to have their names removed from the CACI to no avail. As a last resort, they sued LASD in federal court alleging a violation of their due process rights. The Ninth Circuit agreed with the Humphries and concluded, no law prevented “LASD from creating an independent procedure that would allow the Humphries to challenge their listing on the Index. By failing to do so, LASD's custom and policy violated the Humphries' constitutional rights.”

About Attorney: The Law Office of Stacie L. Patterson is a boutique criminal defense firm in San Diego committed to providing high-quality and cost-effective services in a caring, honest and aggressive manner. Ms. Patterson is a solo practitioner and gives each of her clients individualized attention. She represents individuals accused of San Diego sex crime and professionals facing licensing issues with the State of California. If you have any questions or feedback, please contact Attorney Patterson directly at 866-674-5954 or by email 24 hours a day/7 days a week.

Posted at 14:09 PM

Topic: Sex Crimes